Regan

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CITIZENS FOR PENNSYLVANIA’S Case No. 19-cv-02004-VC FUTURE, et al.,

Plaintiffs, ORDER RE CROSS-MOTIONS FOR

SUMMARY JUDGMENT

v. Re: Dkt. Nos. 31, 32

ANDREW R. WHEELER,

Defendant.

This case addresses the provisions of the Clean Air Act that restrict types of air pollution that are particularly hazardous to human health. The Act requires the Environmental Protection Agency to regulate the sources of this pollution in two primary ways. First, the agency must adopt “technology-based standards” to which polluters must adhere. As the name suggests, these standards are designed to ensure that the polluters are using the best available technology to mitigate the hazards created by their activities. And the statute requires EPA to revisit technology-based standards periodically. Second, even after adopting technology-based standards, the agency must assess the risks created by the polluters to determine whether additional restrictions should be imposed. Such additional restrictions are referred to as “risk- based standards.” This case involves EPA’s failure to fulfill its statutory obligations to regulate…